Merrill Lynch Aims to Expand 3(21) Fiduciary Services

The firm currently offers 3(21) service in some instances, but the approach will be significantly expanded with this business change.

Merrill Lynch has released new information about its “broadening fiduciary service strategies,” following a previous announcement that clarified how the firm will treat commission-based individual retirement account (IRA) business.

The firm leadership tells PLANADVISER many of its 14,000 advisers on the ground want to be able to utilize deeper fiduciary service capabilities for the institutional retirement business. “This means our advisers will offer ERISA 3(21) fiduciary service when providing retirement investment menu advice or recommendations,” the firm says. “We have been strategically designing our business offerings in this direction for some time.”

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The newest announcement comes just after the Department of Labor (DOL) published a Field Assistance Bulletin regarding the fiduciary rule delay. That document establishes that DOL does not intend to enforce the fiduciary rule slated for implementation April 10, even if it fails to formally overturn the rulemaking by then. Still, Merrill Lynch and many other firms clearly see an opportunity in expanding their fiduciary offerings, given the strong organic client demand that exists for such service.

In terms of specific implementation strategies, the firm is “modifying some offerings and creating an infrastructure that will enable Merrill Lynch financial advisers to offer fiduciary services.” This will involve “building on our experience in advice and guidance with a Merrill Lynch delivered 3(21) fiduciary service; continuing to expand and enhance an already rigorous designation and training program, building on our team of advisers uniquely qualified to help meet our clients’ plan needs and goals; and providing objective investment advice and menu services backed by the Chief Investment Office, with no proprietary investment conflicts.”

As part of this effort, the firm will be unveiling new “simple and easy to understand pricing for clients, delineating the services provided by Bank of America Merrill Lynch and its financial advisers.”  The firm also plans to “deliver a consistent Institutional Client Experience Standard that includes robust, clear documentation, ongoing monitoring, periodic reviews and client feedback; and to offer holistic financial wellness capabilities, bringing the resources of the Bank of America enterprise to bear to help people live their best financial lives.”

The firm suggests its advisers will soon be coming to the marketplace with updated information and offerings. 

Investors Must Be Proactive About Managing Retirement Taxes

The 2017 J.P. Morgan Asset Management Guide to Retirement has been released, offering the firm’s updated take on the capital markets and the latest in personal financial planning. 

Among the many informative charts and graphs included in the 2017 J.P. Morgan Asset Management Guide to Retirement are Social Security timing break-even analyses and projected spending for individuals and couples on Medicaid premiums—along with a look at when Roth might work best.  

Each year the firm invites a scrum of financial industry reporters in to discuss the updated findings, and for the third year in a row the informative presentation was led by Anne Lester, head of retirement solutions, and Katherine Roy, chief retirement strategist. The pair shared an extensive analysis of the firm’s economic outlook, which pegs long-term equity market return potential around 5.5% per year, a drop of a full percentage point from last year’s projection.  

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“In this environment we know that the key to meeting the challenge of lower return expectations is getting people to save more. It is even too optimistic to suppose that high-single digit returns will be a reality over the next decade,” Lester observed. “This implies that managing taxes will be one of the big levers for people to take control of their retirement prospects, as will the decision about when and how to claim Social Security and to enroll in Medicare.”

Individual investors cannot do anything at all to improve the overall equity market outlook, but they can take control of these factors, Roy agreed. While they both believe the bull market still has some real legs, they also believe that “saving early and consistently in a diversified portfolio of stocks and bonds is the only way to meet the retirement challenge of today without a real struggle in the future.”

One set of stats from the Guide paints the picture quite well. According to J.P. Morgan’s data, a 25-year old making $50,000 per year needs to start saving 7% of that salary today in order to meet a basic definition of retirement readiness by age 65. The firm defines such readiness as having roughly 72% income replacement. For the same age group but accounting for a $300,000 salary, this individual would have to save 17% of their annual income from this point until age 65 to reach the same level of income replacement. On the other end of the spectrum, a 50-year-old making $50,000 would have to start saving a whopping 31% of their annual salary to achieve this. A 50-year-old just starting saving today with a salary of $300,000 would need to save 76% of that per year through age 65 to achieve the same income replacement adequacy—clearly an impossible task.

“It is hard to make it any clearer than this, why folks need to start saving early and consistently. It is actually very encouraging for Millennials to see this picture and that an early commitment to saving aggressively will pay off hugely in the future,” Roy explained.

NEXT: All eyes on Washington tax reform 

Lester and Roy suggested that, “like pretty much everyone in the U.S.,” the investment management teams at J.P. Morgan are closely watching the policy debates unfolding in Washington, D.C. In the retirement-focused business segments there is naturally a focus on what might occur related to taxes imposed on all the various types of retirement accounts, particularly Roth and traditional individual retirement accounts (IRAs) but also 401(k)s.

Lester went so far as to suggest Roth IRAs are perhaps the least likely to be a target for near-term tax reform, given that they only hold a fraction of the assets of traditional IRAs and 401(k) plans. Both Lester and Roy agreed that the political cost of significantly increasing taxes on retirement accounts “primarily used by individuals who need as much help as possible pursuing a basic level of financial wellness” will be steep—although perhaps not insurmountable if attempts at compromise are made.

“We believe we are more likely to see ‘traditional’ pre-tax money being forced out of tax-exempt accounts,” Roy noted, with some hesitation. “But even this is perhaps not all that likely. We know for example that lawmakers in the U.K. considered this idea of pushing people away from tax-exempt contributions more in favor of a Roth-like approach, but it really never picked up enough steam. The same thing could happen here.”

And so the pair encourage investors to start thinking deeply about how to best optimize the division of investment and savings between tax-deferred and taxable accounts. Related to this, they also encourage defined contribution (DC) plan sponsors and advisers to strongly consider offering participant support on such challenging topics as tax optimization, when/how to claim Social Security, etc.

More information about obtaining the 2017 Guide to Retirement is available here

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